Gerald Wright v. D. Davey et al
FINDINGS and RECOMMENDATIONS recommending that case be dismissed, with prejudice, for failure to respond to Court Orders and failure to state a claim 13 signed by Magistrate Judge Gary S. Austin on 11/29/2017. Referred to Judge Dale A. Drozd; Objections to F&R due within 14-Days.(Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
D. DAVEY, et al.,
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS CASE BE
DISMISSED, WITH PREJUDICE, FOR
FAILURE TO RESPOND TO COURT
ORDERS AND FAILURE TO STATE A
(ECF No. 13.)
OBJECTIONS, IF ANY, DUE IN
FOURTEEN (14) DAYS
Gerald Wright (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
with this civil rights action pursuant to 42 U.S.C. § 1983. On December 9, 2016, Plaintiff filed
the Complaint commencing this action at the United States District Court for the Central
District of California. (ECF No. 1.) On December 15, 2016, Plaintiff’s case was transferred to
this court. (ECF No. 4.)
On August 31, 2017, the court screened the Complaint and issued an order dismissing
the Complaint for failure to state a claim, with leave to amend within thirty days. (ECF No.
13.) The thirty-day deadline has passed and Plaintiff did not file an amended complaint or
otherwise responded to the court’s order. As a result, there is now no pleading Complaint on
On October 20, 2017, the court issued an order to show cause, requiring Plaintiff to
respond within fourteen days, showing cause why this case should not be dismissed. (ECF No.
14.) The fourteen-day deadline has expired and Plaintiff has not filed a response to the order to
Accordingly, IT IS HEREBY RECOMMENDED that:
Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be
DISMISSED, with prejudice, based on Plaintiff’s failure to respond to court
orders and failure to state a claim upon which relief may be granted under §
These findings and recommendations are submitted to the United States District Judge
The Clerk be directed to close this case.
assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l).
fourteen (14) days from the date of service of these findings and recommendations, Plaintiff
may file written objections with the court. Such a document should be captioned “Objections
to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file
objections within the specified time may result in the waiver of rights on appeal. Wilkerson v.
Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394
(9th Cir. 1991)).
IT IS SO ORDERED.
November 29, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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